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经济特区的授权立法在推动特区的经济与法治建设方面发挥了积极的作用,并通过《立法法》将这种授权立法予以制度化。但在现有制度中,经济特区的授权立法存在着授权主体资格有疑问、特区规章的效力与其他规范性文件效力的关系不明、经济特区立法权的性质不明、立法的合法性审查标准不明等问题,制约了经济特区授权立法积极作用的进一步发挥。因此,有必要对这些问题加以学理性的梳理与阐述,以便为进一步的制度改革提供参考。
The authorized legislation of the special economic zone has played a positive role in promoting the economic and legal construction in the SAR, and has institutionalized such authorization legislation through the “Legislation Law.” However, in the existing system, there are doubts about the qualifications of authorized entities in the authorized legislation of special economic zones. The relationship between the effectiveness of the SAR regulations and the effectiveness of other normative documents is unclear. The nature of the legislative power in the SEZs is unknown and the criteria for the legality of legislation are unknown. Issue has restricted the further development of the positive role that the SEZs authorized the legislation. Therefore, it is necessary to rationally sort out and explain these problems in order to provide reference for further institutional reform.